SHRIRAM GENERAL INSURANCE CO LTD Vs. PARAMESWARI

JUDGEMENT

(1.) The challenge in the Appeal is to the award of the Motor Accident Claims Tribunal, Coimbatore, dated 31.03.2016, in and by which, the Tribunal had awarded a sum of Rs.33,50,000/- as compensation for the death of one K.Sundaram in the motor accident that occurred on 01.07.2012 at about 10 p.m.

(2.) The case of the claimants before the Tribunal was that on 01.07.2012 at about 10 p.m., the deceased Sundaram was riding the Motor Cycle bearing Registration No.TN-38-R-7732 with his friend one Sandeep kumar as a pillion rider. While they were proceeding in north to south direction on the Puliamatti to Annur main road, on to the extreme left side of the road, the Tractor, bearing Registration No.TN-40-C-6994, belonging to the 2nd respondent driven by the 3rd respondent, which was parked on the right side of the road, suddenly took off without light and dashed against the Motor Cycle. Due to the impact, both the deceased Sundaram and his friend were thrown out of the Motor Cycle and Sundaram suffered grievous head injuries and died on the spot.

(3.) It is claimed that the deceased aged about 48 years and he was working as a Manager in Vellangiri Andavar Mills at Irugur, drawing a monthly salary of Rs.30,000/-. Contending that the accident occurred due to a rash and negligent driving of the Tractor by the 3rd respondent, the claimants have come out with a claim petition claiming Rs.40,00,000/- as compensation.